A Guide to Wisconsin’s Rules for Executing a Will

When it comes to estate planning in Wisconsin, understanding the rules for executing a will is essential. A well-crafted will ensures that your wishes are honored after your passing, and following Wisconsin's legal requirements is crucial for the document to be valid. This guide aims to clarify these rules so you can confidently navigate the process of creating your will.

1. Legal Age and Competence

In Wisconsin, the testator (the person making the will) must be at least 18 years old. Additionally, they must possess the mental capacity to understand the nature and consequences of their actions when creating the will. It’s vital to ensure that the will reflects their true intentions.

2. Written Document Requirement

Wills in Wisconsin must be in writing. This can be handwritten, typed, or printed. Oral (verbal) wills are not recognized in Wisconsin, making it essential to create a tangible document to express your final wishes.

3. Signature Requirement

The testator must sign the will. If the individual is unable to sign, Wisconsin law allows them to direct another person to sign on their behalf in their presence. This individual must also be among the witnesses, ensuring that the act of signing is clear and intentional.

4. Witness Requirements

Wisconsin requires at least two witnesses to sign the will. These witnesses must be at least 18 years old and possess the mental capacity to understand the witnessing of the document. The witnesses should not be beneficiaries of the will to avoid conflicts of interest. Their signatures affirm that the testator willingly executed the will in their presence.

5. No Specific Form Required

While there’s no specific format for a will in Wisconsin, clarity is critical. Using clear language helps prevent future disputes and ensures that your intentions are easily understood. Including essential elements, such as the identification of the testator and beneficiaries, as well as the distribution of assets, is highly recommended.

6. Holographic Wills

Wisconsin does recognize holographic wills, which are wills that are handwritten and signed by the testator. However, these must still be clear in their intent and meet the requirements of signature and age.

7. Revoking a Will

To revoke a will in Wisconsin, a testator may either create a new will that explicitly revokes the prior one or physically destroy the existing will. An explicit statement indicating that the old will is null and void can also serve as revocation. It's important to keep track of any changes made to ensure that the most current document is recognized.

8. Storing the Will

After executing the will, safe storage is critical. The testator can keep the will at home, but it’s also a good idea to store copies with a trusted attorney or at a bank safety deposit box. Informing family members of its location can alleviate potential stress for loved ones when the time comes.

9. Regular Updates

Life changes, such as marriage, divorce, the birth of children, or significant asset acquisitions, may necessitate updates to your will. Regularly reviewing and revising your will ensures that it reflects your current wishes and circumstances.

10. Seek Professional Guidance

Navigating the legalities of executing a will can be complex. Consulting with an estate planning attorney can provide valuable guidance tailored to your situation. They can help ensure that your will meets all legal requirements and truly reflects your wishes.

In conclusion, adhering to Wisconsin’s specific rules for executing a will is paramount for ensuring that your estate is handled according to your wishes. By understanding these requirements and taking the time to create a clear and valid will, you can provide peace of mind for yourself and your loved ones.